82_FR_31684 82 FR 31555 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; 2014-2016

82 FR 31555 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; 2014-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31555-31557
FR Document2017-14281

On March 7, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain crystalline silicon photovoltaic products (solar products) from Taiwan. The period of review (POR) is July 31, 2014, through January 31, 2016. Based on our analysis of the comments received, we have made certain changes to the margin calculations with respect to Sino-American Silicon Products Inc. and Solartech Energy Corp., and, therefore, the final results differ from the preliminary results. We made no changes to the preliminary results with respect to Motech Industries, Inc. The final weighted-average dumping margins are listed below in the section ``Final Results of Review.''

Federal Register, Volume 82 Issue 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31555-31557]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14281]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853]


Certain Crystalline Silicon Photovoltaic Products From Taiwan: 
Final Results of Antidumping Duty Administrative Review; 2014-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 7, 2017, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on certain crystalline silicon photovoltaic 
products (solar products) from Taiwan. The period of review (POR) is 
July 31, 2014, through January 31, 2016. Based on our analysis of the 
comments received, we have made certain changes to the margin 
calculations with respect to Sino-American Silicon Products Inc. and 
Solartech Energy Corp., and, therefore, the final results differ from 
the preliminary results. We made no changes to the preliminary results 
with respect to Motech Industries, Inc. The final weighted-average 
dumping margins are listed below in the section ``Final Results of 
Review.''

DATES: Effective July 7, 2017.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Thomas Martin, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-3936, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2017, the Department published the Preliminary Results 
of this administrative review.\1\ For the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\2\ 
These final results cover 12 companies.\3\ The Department conducted 
this review in accordance with section 751(a) of the Tariff Act of 
1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ Certain Crystalline Silicon Photovoltaic Products From 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Partial Rescission of Antidumping Duty Administrative 
Review; 2014-2016, 82 FR 12802 (March 7, 2017) (Preliminary 
Results), and accompanying Memorandum, ``Decision Memorandum for the 
Preliminary Results of the 2014-2016 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan,'' dated February 28, 2017 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2014-2016 Administrative Review of the 
Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic 
Products from Taiwan,'' dated concurrently with this notice and 
incorporated herein by reference (Issues and Decision Memorandum).
    \3\ The Preliminary Results covered 14 companies. See 
Preliminary Results, 82 FR at 12803. Subsequently, the Department 
collapsed Sino-American Silicon Products Inc. (SAS) and Solartech 
Energy Corp. See Preliminary Decision Memorandum at 3-4. In these 
final results, the Department has determined that SAS should also be 
collapsed with Sunrise Global Solar Energy. See Issues and Decision 
Memorandum at Comment 3. Thus, these final results cover two 
mandatory respondents, and 10 companies not individually examined. 
See Final Results of Review section below, for a list of all of the 
companies.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials. Merchandise covered by this order is currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope is dispositive.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the order, see 
the Issues and Decision Memorandum.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted with this notice. A list of the issues which 
parties raised, and to which we responded in the Issues and Decision 
Memorandum, can be found in the Appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision

[[Page 31556]]

Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
revisions to our preliminary calculations of the weighted-average 
dumping margins for Sino-American Silicon Products Inc. (SAS) and 
Solartech Energy Corp. (Solartech) (hereinafter, SAS-
Solartech).5 6 For Motech Industries, Inc. (Motech), the 
Department made no changes to the Preliminary Results.
---------------------------------------------------------------------------

    \5\ See Issues and Decision Memorandum at comments 4, 7, 10 and 
11.
    \6\ See Memorandum to The File Through Robert Bolling, Program 
Manager, AD/CVD Operations, Office IV, From Magd Zalok, AD/CVD 
Operations, Office 4: 2014-2016 Antidumping Duty Administrative 
Review of Certain Crystalline Silicon Photovoltaic Products from 
Taiwan, Final Results Analysis for the SAS-Solartech Entity 
(Analysis Memorandum for the Final Results), dated concurrently with 
this notice.
---------------------------------------------------------------------------

Rate for Non-Examined Companies

    The statute and the Department's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
examination when the Department limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, the Department looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual review in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted average of 
the estimated weighted average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    In this review, we calculated weighted-average dumping margins for 
SAS-Solartech and Motech that are not zero, de minimis, or determined 
entirely on the basis of facts available. With two respondents, we 
normally calculate (A) a weighted-average of the dumping margins 
calculated for the mandatory respondents; (B) a simple average of the 
dumping margins calculated for the mandatory respondents; and (C) a 
weighted-average of the dumping margins calculated for the mandatory 
respondents using each company's publicly-ranged values for the 
merchandise under consideration. We compare (B) and (C) to (A) and 
select the rate closest to (A) as the most appropriate rate for all 
other companies.\7\ Accordingly, we have applied a rate of 4.10 percent 
to the non-selected companies, as set forth in the chart below.\8\
---------------------------------------------------------------------------

    \7\ See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
    \8\ See Memorandum from Thomas Martin to the File, ``Calculation 
of the Rate for Non-Selected Respondents,'' dated dated concurrently 
with this notice.
---------------------------------------------------------------------------

Final Results of Review

    The Department determines that the following weighted-average 
dumping margins exist for the period July 31, 2014, through January 31, 
2016:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Manufacturer/exporter                       margin
                                                             (percent)
------------------------------------------------------------------------
Sino-American Silicon Products Inc./Solartech Energy                3.56
 Corp...................................................
Motech Industries, Inc..................................            4.20
AU Optronics Corporation................................            4.10
EEPV CORP...............................................            4.10
E-TON Solar Tech. Co., Ltd..............................            4.10
Gintech Energy Corporation..............................            4.10
Inventec Energy Corporation.............................            4.10
Inventec Solar Energy Corporation.......................            4.10
Kyocera Mexicana S.A. de C.V............................            4.10
Sunengine Corporation Ltd...............................            4.10
TSEC Corporation........................................            4.10
Win Win Precision Technology Co., Ltd...................            4.10
------------------------------------------------------------------------

Disclosure

    The Department intends to disclose the calculations performed for 
these final results of review within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
the Department shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with the final results of this 
review. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of this 
administrative review in the Federal Register.
    Where the respondent reported reliable entered values, we 
calculated importer- (or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\9\ Where the 
Department calculated a weighted-average dumping margin by dividing the 
total amount of dumping for reviewed sales to that party by the total 
sales quantity associated with those transactions, the Department will 
direct CBP to assess importer- (or customer-) specific assessment rates 
based on the resulting per-unit rates.\10\ Where an importer- (or 
customer-) specific ad valorem or per-unit rate is greater than de 
minimis (i.e., 0.50 percent), the Department will instruct CBP to 
collect the appropriate duties at the time of liquidation.\11\ Where an 
importer- (or customer-) specific ad valorem or per-unit rate is zero 
or de minimis, the Department will instruct CBP to liquidate 
appropriate entries without regard to antidumping duties.\12\
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.212(b)(1).
    \10\ Id.
    \11\ Id.
    \12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with the Department's assessment practice, for entries 
of subject merchandise during the POR produced by SAS-Solartech, 
Motech, or the non-examined companies for which the producer did not 
know that its merchandise was destined for the United States, we will 
instruct CBP to liquidate unreviewed entries at the all-others rate if 
there is no rate for the intermediate company(ies) involved in the 
transaction.\13\
---------------------------------------------------------------------------

    \13\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of the final results 
of this administrative review, as provided for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the

[[Page 31557]]

final results of this review; (2) for merchandise exported by producers 
or exporters not covered in this review but covered in a prior segment 
of this proceeding, the cash deposit rate will continue to be the 
company-specific rate published for the most recently completed segment 
in which the company was reviewed; (3) if the exporter is not a firm 
covered in this review or the original less-than-fair-value (LTFV) 
investigation, but the producer is, the cash deposit rate will be the 
rate established for the most recently completed segment of this 
proceeding for the producer of the subject merchandise; and (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 19.50 percent,\14\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \14\ See Certain Crystalline Silicon Photovoltaic Products: 
Final Determination of Sales at Less Than Fair Value, 79 FR 76966 
(December 23, 2014).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: June 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
    A. SAS-Solartech-Specific Issues
    Comment 1: Whether Products Shipped to the United States are 
Third-Country Sales
    Comment 2: Whether To Exclude Priced Sample Sales
    Comment 3: Whether To Assign SAS-Solartech's Rate to Sunrise 
Global Solar Energy
    Comment 4: Whether To Revise the MFRH/U Fields To Reflect the 
Collapsed Entity
    Comment 5: Whether To Revise the Draft Cash Deposit and 
Assessment Instructions
    Comment 6: Differential Pricing
    Comment 7: Cost of Manufacturing for Grade 4 Non-Prime Products
    Comment 8: Scrap Offset for Two Resold CONNUMs
    Comment 9: Year-End Adjustment for Items Relating to Profit
    Comment 10: Loss in Inventory Devaluation
    Comment 11: Other CPA Adjustment
    Comment 12: Scrap Offset
    Comment 13: Rental Expenses
    Comment 14: Fixed Overhead Costs
    Comment 15: G&A and Financial Expenses
    B. Motech-Specific Issues
    Comment 16: Whether To Apply Partial AFA to Motech's Reported 
Per-Unit Costs
    Comment 17: Whether To Deny Motech's Offset for Silver Paste 
Scrap
    Comment 18: Whether To Include Fire Losses in Motech's General 
and Administrative (``G&A'') Expenses
    Comment 19: Whether To Exclude Motech's Reported ``Indirect'' 
U.S. Sales for One Customer
III. Background
IV. Scope of the Order
V. Margin Calculations
VI. Discussion of the Issues
VII. Recommendation

[FR Doc. 2017-14281 Filed 7-6-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                                    31555

                                                    Kodak would be able to choose the duty                   DEPARTMENT OF COMMERCE                                  results cover 12 companies.3 The
                                                    rate during customs entry procedures                                                                             Department conducted this review in
                                                    that apply to: Flexographic finished                     International Trade Administration                      accordance with section 751(a) of the
                                                    plates; aluminum finished printing                       [A–583–853]                                             Tariff Act of 1930, as amended (the Act).
                                                    plates; thermo imaging layer; direct                                                                             Scope of the Order
                                                    imaging recording film sheets; and,                      Certain Crystalline Silicon Photovoltaic
                                                                                                             Products From Taiwan: Final Results                       The merchandise covered by this
                                                    direct imaging record film rolls (duty
                                                                                                             of Antidumping Duty Administrative                      order is crystalline silicon photovoltaic
                                                    rates range from free to 3.7%). Customs
                                                                                                             Review; 2014–2016                                       cells, and modules, laminates and/or
                                                    duties also could possibly be deferred or                                                                        panels consisting of crystalline silicon
                                                    reduced on foreign-status production                     AGENCY:   Enforcement and Compliance,                   photovoltaic cells, whether or not
                                                    equipment.                                               International Trade Administration,                     partially or fully assembled into other
                                                       The materials/components sourced                      Department of Commerce.                                 products, including building integrated
                                                    from abroad include: Aging inhibitor;                    SUMMARY: On March 7, 2017, the                          materials. Merchandise covered by this
                                                    stabilizer; photopolymerization                          Department of Commerce (the                             order is currently classified in the
                                                    initiator; resins for coating;                           Department) published the preliminary                   Harmonized Tariff Schedule of the
                                                    ethanaminium; inhibitor; coating                         results of the administrative review of                 United States (HTSUS) under
                                                    solvent; light stabilizer for coating; 3H-               the antidumping duty order on certain                   subheadings 8501.61.0000,
                                                    Indolium; photoinitiators; coatings for                  crystalline silicon photovoltaic products               8507.20.8030, 8507.20.8040,
                                                    plates; aluminum finished printing                       (solar products) from Taiwan. The                       8507.20.8060, 8507.20.8090,
                                                    plates; flexographic finished plates; mat                period of review (POR) is July 31, 2014,                8541.40.6020, 8541.40.6030 and
                                                    film sheets; butadiene polymers;                         through January 31, 2016. Based on our                  8501.31.8000. These HTSUS
                                                                                                             analysis of the comments received, we                   subheadings are provided for
                                                    thermoplastic elastomers; plate
                                                                                                             have made certain changes to the                        convenience and customs purposes; the
                                                    manufacturing chemicals; intermediates
                                                                                                             margin calculations with respect to                     written description of the scope is
                                                    for production of printing plates; co-
                                                                                                             Sino-American Silicon Products Inc.                     dispositive.4
                                                    polymers; monomers; propenoic acid;
                                                    naphthalenesulfonic acid; urethane                       and Solartech Energy Corp., and,                        Analysis of Comments Received
                                                                                                             therefore, the final results differ from
                                                    acrylate polymers; phonolic resin                                                                                   All issues raised in the case and
                                                                                                             the preliminary results. We made no
                                                    solutions; foam interleave sheets;                                                                               rebuttal briefs filed by parties in this
                                                                                                             changes to the preliminary results with
                                                    aluminum coils of aluminum not                                                                                   review are addressed in the Issues and
                                                                                                             respect to Motech Industries, Inc. The
                                                    alloyed; aluminum coils of aluminum                      final weighted-average dumping                          Decision Memorandum, which is hereby
                                                    alloys; aluminum coils of a thickness                    margins are listed below in the section                 adopted with this notice. A list of the
                                                    not exceeding 0.15mm: of a thickness                     ‘‘Final Results of Review.’’                            issues which parties raised, and to
                                                    exceeding 0.01mm; and, aluminum coils                                                                            which we responded in the Issues and
                                                                                                             DATES: Effective July 7, 2017.
                                                    of a thickness exceeding 0.15mm but                                                                              Decision Memorandum, can be found in
                                                                                                             FOR FURTHER INFORMATION CONTACT:                        the Appendix to this notice. The Issues
                                                    not exceeding 0.2mm (duty rates range
                                                                                                             Magd Zalok or Thomas Martin, AD/CVD                     and Decision Memorandum is a public
                                                    from free to 6.5%).
                                                                                                             Operations, Office IV, Enforcement and                  document and is on file electronically
                                                       Public comment is invited from                        Compliance, International Trade                         via Enforcement and Compliance’s
                                                    interested parties. Submissions shall be                 Administration, Department of                           Antidumping and Countervailing Duty
                                                    addressed to the Board’s Executive                       Commerce, 1401 Constitution Avenue                      Centralized Electronic Service System
                                                    Secretary at the address below. The                      NW., Washington, DC 20230; telephone:                   (ACCESS). ACCESS is available to
                                                    closing period for their receipt is August               (202) 482–4162 or (202) 482–3936,                       registered users at https://
                                                    16, 2017.                                                respectively.                                           access.trade.gov and is available to all
                                                       A copy of the notification will be                    SUPPLEMENTARY INFORMATION:                              parties in the Central Records Unit,
                                                    available for public inspection at the                                                                           room B8024 of the main Department of
                                                                                                             Background                                              Commerce building. In addition, a
                                                    Office of the Executive Secretary,
                                                    Foreign-Trade Zones Board, Room                            On March 7, 2017, the Department                      complete version of the Issues and
                                                    21013, U.S. Department of Commerce,                      published the Preliminary Results of                    Decision Memorandum can be accessed
                                                    1401 Constitution Avenue NW.,                            this administrative review.1 For the                    directly on the Internet at http://
                                                    Washington, DC 20230–0002, and in the                    events that occurred since the                          enforcement.trade.gov/frn/index.html.
                                                    ‘‘Reading Room’’ section of the Board’s                  Preliminary Results, see the Issues and                 The signed Issues and Decision
                                                    Web site, which is accessible via                        Decision Memorandum.2 These final
                                                                                                                                                                     concurrently with this notice and incorporated
                                                    www.trade.gov/ftz.                                            1 Certain
                                                                                                                         Crystalline Silicon Photovoltaic            herein by reference (Issues and Decision
                                                       For further information, contact                      Products From Taiwan: Preliminary Results of            Memorandum).
                                                    Christopher Wedderburn at                                Antidumping Duty Administrative Review and                 3 The Preliminary Results covered 14 companies.

                                                                                                             Partial Rescission of Antidumping Duty                  See Preliminary Results, 82 FR at 12803.
                                                    Chris.Wedderburn@trade.gov or (202)                      Administrative Review; 2014–2016, 82 FR 12802           Subsequently, the Department collapsed Sino-
                                                    482–1963.                                                (March 7, 2017) (Preliminary Results), and              American Silicon Products Inc. (SAS) and Solartech
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             accompanying Memorandum, ‘‘Decision                     Energy Corp. See Preliminary Decision
                                                      Dated: July 3, 2017.                                   Memorandum for the Preliminary Results of the           Memorandum at 3–4. In these final results, the
                                                    Elizabeth Whiteman,                                      2014–2016 Antidumping Duty Administrative               Department has determined that SAS should also be
                                                                                                             Review of Certain Crystalline Silicon Photovoltaic      collapsed with Sunrise Global Solar Energy. See
                                                    Acting Executive Secretary.                              Products from Taiwan,’’ dated February 28, 2017         Issues and Decision Memorandum at Comment 3.
                                                    [FR Doc. 2017–14279 Filed 7–6–17; 8:45 am]               (Preliminary Decision Memorandum).                      Thus, these final results cover two mandatory
                                                                                                               2 See Memorandum, ‘‘Issues and Decision               respondents, and 10 companies not individually
                                                    BILLING CODE 3510–DS–P
                                                                                                             Memorandum for the Final Results of the 2014–           examined. See Final Results of Review section
                                                                                                             2016 Administrative Review of the Antidumping           below, for a list of all of the companies.
                                                                                                             Duty Order on Certain Crystalline Silicon                  4 For a complete description of the scope of the

                                                                                                             Photovoltaic Products from Taiwan,’’ dated              order, see the Issues and Decision Memorandum.



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                                                    31556                             Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices

                                                    Memorandum and the electronic                            respondents using each company’s                               Where the respondent reported
                                                    version of the Issues and Decision                       publicly-ranged values for the                              reliable entered values, we calculated
                                                    Memorandum are identical in content.                     merchandise under consideration. We                         importer- (or customer-) specific ad
                                                                                                             compare (B) and (C) to (A) and select the                   valorem rates by aggregating the
                                                    Changes Since the Preliminary Results
                                                                                                             rate closest to (A) as the most                             dumping margins calculated for all U.S.
                                                      Based on a review of the record and                    appropriate rate for all other                              sales to each importer (or customer) and
                                                    comments received from interested                        companies.7 Accordingly, we have                            dividing this amount by the total
                                                    parties regarding our Preliminary                        applied a rate of 4.10 percent to the non-                  entered value of the sales to each
                                                    Results, and for the reasons explained in                selected companies, as set forth in the                     importer (or customer).9 Where the
                                                    the Issues and Decision Memorandum,                      chart below.8                                               Department calculated a weighted-
                                                    we made revisions to our preliminary                                                                                 average dumping margin by dividing the
                                                    calculations of the weighted-average                     Final Results of Review
                                                                                                                                                                         total amount of dumping for reviewed
                                                    dumping margins for Sino-American                          The Department determines that the                        sales to that party by the total sales
                                                    Silicon Products Inc. (SAS) and                          following weighted-average dumping                          quantity associated with those
                                                    Solartech Energy Corp. (Solartech)                       margins exist for the period July 31,                       transactions, the Department will direct
                                                    (hereinafter, SAS-Solartech).5 6 For                     2014, through January 31, 2016:                             CBP to assess importer- (or customer-)
                                                    Motech Industries, Inc. (Motech), the                                                                                specific assessment rates based on the
                                                    Department made no changes to the                                                                      Weighted-     resulting per-unit rates.10 Where an
                                                    Preliminary Results.                                                                                    average
                                                                                                                  Manufacturer/exporter                      margin      importer- (or customer-) specific ad
                                                    Rate for Non-Examined Companies                                                                        (percent)     valorem or per-unit rate is greater than
                                                                                                                                                                         de minimis (i.e., 0.50 percent), the
                                                       The statute and the Department’s                      Sino-American Silicon Prod-                                 Department will instruct CBP to collect
                                                    regulations do not address the                             ucts Inc./Solartech Energy                                the appropriate duties at the time of
                                                    establishment of a rate to be applied to                   Corp ..................................            3.56   liquidation.11 Where an importer- (or
                                                    companies not selected for examination                   Motech Industries, Inc ..........                    4.20
                                                                                                                                                                         customer-) specific ad valorem or per-
                                                    when the Department limits its                           AU Optronics Corporation ....                        4.10
                                                                                                             EEPV CORP .........................                  4.10   unit rate is zero or de minimis, the
                                                    examination in an administrative review                                                                              Department will instruct CBP to
                                                                                                             E-TON Solar Tech. Co., Ltd                           4.10
                                                    pursuant to section 777A(c)(2) of the                                                                                liquidate appropriate entries without
                                                                                                             Gintech Energy Corporation                           4.10
                                                    Act. Generally, the Department looks to                  Inventec Energy Corporation                          4.10   regard to antidumping duties.12
                                                    section 735(c)(5) of the Act, which                      Inventec Solar Energy Cor-                                     For the companies which were not
                                                    provides instructions for calculating the                  poration .............................             4.10   selected for individual review, we will
                                                    all-others rate in a market economy                      Kyocera Mexicana S.A. de                                    assign an assessment rate based on the
                                                    investigation, for guidance when                           C.V ....................................           4.10   methodology described in the ‘‘Rates for
                                                    calculating the rate for companies                       Sunengine Corporation Ltd ..                         4.10
                                                                                                                                                                         Non-Examined Companies’’ section,
                                                    which were not selected for individual                   TSEC Corporation ................                    4.10
                                                                                                             Win Win Precision Tech-                                     above.
                                                    review in an administrative review.                                                                                     Consistent with the Department’s
                                                                                                               nology Co., Ltd ..................                 4.10
                                                    Under section 735(c)(5)(A) of the Act,                                                                               assessment practice, for entries of
                                                    the all-others rate is normally ‘‘an                                                                                 subject merchandise during the POR
                                                    amount equal to the weighted average of                  Disclosure
                                                                                                                                                                         produced by SAS-Solartech, Motech, or
                                                    the estimated weighted average                              The Department intends to disclose                       the non-examined companies for which
                                                    dumping margins established for                          the calculations performed for these                        the producer did not know that its
                                                    exporters and producers individually                     final results of review within five days                    merchandise was destined for the
                                                    investigated, excluding any zero or de                   of the date of publication of this notice                   United States, we will instruct CBP to
                                                    minimis margins, and any margins                         in the Federal Register, in accordance                      liquidate unreviewed entries at the all-
                                                    determined entirely {on the basis of                     with 19 CFR 351.224(b).                                     others rate if there is no rate for the
                                                    facts available}.’’                                      Assessment                                                  intermediate company(ies) involved in
                                                       In this review, we calculated                                                                                     the transaction.13
                                                    weighted-average dumping margins for                        Pursuant to section 751(a)(2)(C) of the
                                                    SAS-Solartech and Motech that are not                    Act and 19 CFR 351.212(b), the                              Cash Deposit Requirements
                                                    zero, de minimis, or determined entirely                 Department shall determine, and U.S.                          The following cash deposit
                                                    on the basis of facts available. With two                Customs and Border Protection (CBP)                         requirements will be effective for all
                                                    respondents, we normally calculate (A)                   shall assess, antidumping duties on all                     shipments of subject merchandise
                                                    a weighted-average of the dumping                        appropriate entries of subject                              entered, or withdrawn from warehouse,
                                                    margins calculated for the mandatory                     merchandise in accordance with the                          for consumption on or after the
                                                    respondents; (B) a simple average of the                 final results of this review. The                           publication date of the final results of
                                                    dumping margins calculated for the                       Department intends to issue assessment                      this administrative review, as provided
                                                    mandatory respondents; and (C) a                         instructions to CBP 15 days after the                       for by section 751(a)(2)(C) of the Act: (1)
                                                    weighted-average of the dumping                          date of publication of the final results of                 The cash deposit rates for the
                                                    margins calculated for the mandatory                     this administrative review in the                           companies listed in these final results
                                                                                                             Federal Register.                                           will be equal to the weighted-average
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                      5 See Issues and Decision Memorandum at
                                                                                                                                                                         dumping margins established in the
                                                    comments 4, 7, 10 and 11.                                  7 See Ball Bearings and Parts Thereof From
                                                      6 See Memorandum to The File Through Robert            France, Germany, Italy, Japan, and the United                 9 See
                                                                                                             Kingdom: Final Results of Antidumping Duty                             19 CFR 351.212(b)(1).
                                                    Bolling, Program Manager, AD/CVD Operations,                                                                           10 Id.
                                                    Office IV, From Magd Zalok, AD/CVD Operations,           Administrative Reviews, Final Results of Changed-
                                                                                                                                                                           11 Id.
                                                    Office 4: 2014–2016 Antidumping Duty                     Circumstances Review, and Revocation of an Order
                                                    Administrative Review of Certain Crystalline             in Part, 75 FR 53661, 53663 (September 1, 2010).              12 See19 CFR 351.106(c)(2).
                                                    Silicon Photovoltaic Products from Taiwan, Final           8 See Memorandum from Thomas Martin to the                  13 Fora full discussion of this practice, see
                                                    Results Analysis for the SAS-Solartech Entity            File, ‘‘Calculation of the Rate for Non-Selected            Antidumping and Countervailing Duty Proceedings:
                                                    (Analysis Memorandum for the Final Results),             Respondents,’’ dated dated concurrently with this           Assessment of Antidumping Duties, 68 FR 23954
                                                    dated concurrently with this notice.                     notice.                                                     (May 6, 2003).



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                                                                                      Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices                                                    31557

                                                    final results of this review; (2) for                      Dated: June 29, 2017.                               SUMMARY:   The Department of Commerce
                                                    merchandise exported by producers or                     Ronald K. Lorentzen,                                  (the Department) aligned the 2015–2016
                                                    exporters not covered in this review but                 Acting Assistant Secretary for Enforcement            new shipper review of the antidumping
                                                    covered in a prior segment of this                       and Compliance.                                       duty order on honey from the People’s
                                                    proceeding, the cash deposit rate will                                                                         Republic of China (PRC) with the 2015–
                                                                                                             Appendix
                                                    continue to be the company-specific rate                                                                       2016 administrative review of the same
                                                    published for the most recently                          List of Topics Discussed in the Issues and            order covering the same period of
                                                                                                             Decision Memorandum                                   review (POR), and is therefore
                                                    completed segment in which the
                                                    company was reviewed; (3) if the                         I. Summary                                            conducting the reviews concurrently.
                                                                                                             II. List of Issues                                    The POR for the administrative review
                                                    exporter is not a firm covered in this                      A. SAS-Solartech-Specific Issues
                                                    review or the original less-than-fair-                                                                         and the new shipper review is
                                                                                                                Comment 1: Whether Products Shipped to             December 1, 2015, through November
                                                    value (LTFV) investigation, but the                            the United States are Third-Country             30, 2016. As discussed below, the
                                                    producer is, the cash deposit rate will be                     Sales
                                                                                                                Comment 2: Whether To Exclude Priced
                                                                                                                                                                   Department is preliminarily rescinding
                                                    the rate established for the most recently
                                                                                                                   Sample Sales                                    the new shipper with respect to Jiangsu
                                                    completed segment of this proceeding                                                                           Runchen Agricultural/Sideline
                                                                                                                Comment 3: Whether To Assign SAS-
                                                    for the producer of the subject                                                                                Foodstuff Co., Ltd. (Jiangsu Runchen)
                                                                                                                   Solartech’s Rate to Sunrise Global Solar
                                                    merchandise; and (4) the cash deposit                          Energy                                          and has preliminarily found that
                                                    rate for all other producers or exporters                   Comment 4: Whether To Revise the MFRH/             Shanghai Sunbeauty Trading Co., Ltd.
                                                    will continue to be 19.50 percent,14 the                       U Fields To Reflect the Collapsed Entity        (Sunbeauty) is not eligible to receive a
                                                    all-others rate established in the LTFV                     Comment 5: Whether To Revise the Draft             separate rate.
                                                    investigation. These cash deposit                              Cash Deposit and Assessment
                                                                                                                                                                   DATES: Effective July 7, 2017.
                                                    requirements, when imposed, shall                              Instructions
                                                                                                                Comment 6: Differential Pricing                    FOR FURTHER INFORMATION CONTACT:
                                                    remain in effect until further notice.                      Comment 7: Cost of Manufacturing for               Carrie Bethea, AD/CVD Operations,
                                                    Notification to Importers                                      Grade 4 Non-Prime Products                      Office V, Enforcement and Compliance,
                                                                                                                Comment 8: Scrap Offset for Two Resold             International Trade Administration,
                                                       This notice serves as a final reminder                      CONNUMs                                         U.S. Department of Commerce, 1401
                                                    to importers of their responsibility                        Comment 9: Year-End Adjustment for                 Constitution Avenue NW., Washington,
                                                                                                                   Items Relating to Profit
                                                    under 19 CFR 351.402(f)(2) to file a                                                                           DC 20230; telephone: (202) 482–1491.
                                                                                                                Comment 10: Loss in Inventory
                                                    certificate regarding the reimbursement                        Devaluation                                     SUPPLEMENTARY INFORMATION:
                                                    of antidumping duties prior to                              Comment 11: Other CPA Adjustment                   Background
                                                    liquidation of the relevant entries                         Comment 12: Scrap Offset
                                                    during this POR. Failure to comply with                     Comment 13: Rental Expenses                          On December 1, 2016, the Department
                                                    this requirement could result in the                        Comment 14: Fixed Overhead Costs                   published a notice of opportunity to
                                                                                                                Comment 15: G&A and Financial Expenses             request an AR of the antidumping duty
                                                    Department’s presumption that
                                                                                                                B. Motech-Specific Issues                          order on honey from the PRC for the
                                                    reimbursement of antidumping duties                         Comment 16: Whether To Apply Partial
                                                    occurred and the subsequent assessment                                                                         POR.1 On December 28, 2016,
                                                                                                                   AFA to Motech’s Reported Per-Unit               Sunbeauty requested that the
                                                    of double antidumping duties.                                  Costs
                                                                                                                Comment 17: Whether To Deny Motech’s
                                                                                                                                                                   Department conduct an administrative
                                                    Notification to Interested Parties                             Offset for Silver Paste Scrap                   review of the sales of subject
                                                    Regarding Administrative Protective                         Comment 18: Whether To Include Fire                merchandise exported by Sunbeauty
                                                    Order                                                          Losses in Motech’s General and                  during the POR.2 On January 3, 2017,
                                                                                                                   Administrative (‘‘G&A’’) Expenses               the American Honey Producers
                                                       This notice also serves as the only                      Comment 19: Whether To Exclude                     Association and Sioux Honey Producers
                                                    reminder to parties subject to                                 Motech’s Reported ‘‘Indirect’’ U.S. Sales       Association (collectively, the
                                                    administrative protective order (APO) of                       for One Customer                                petitioners) requested that the
                                                    their responsibility concerning the                      III. Background                                       Department conduct an administrative
                                                                                                             IV. Scope of the Order
                                                    disposition of proprietary information                   V. Margin Calculations
                                                                                                                                                                   review.3 On February 13, 2017, based on
                                                    disclosed under APO in accordance                        VI. Discussion of the Issues                          the timely requests for administrative
                                                    with 19 CFR 351.305(a)(3), which                         VII. Recommendation                                   review, the Department initiated an
                                                    continues to govern business                             [FR Doc. 2017–14281 Filed 7–6–17; 8:45 am]
                                                                                                                                                                   administrative review of two exporters/
                                                    proprietary information in this segment                                                                        producers, Shayang Xianghe and
                                                                                                             BILLING CODE 3510–DS–P
                                                    of the proceeding. Timely written                                                                              Sunbeauty.4 On February 28, 2017, the
                                                    notification of the return or destruction
                                                                                                                                                                     1 See Antidumping or Countervailing Duty Order,
                                                    of APO materials or conversion to                        DEPARTMENT OF COMMERCE                                Finding, or Suspended Investigation; Opportunity
                                                    judicial protective order is hereby                                                                            to Request Administrative Review, 81 FR 86694
                                                    requested. Failure to comply with the                    International Trade Administration                    (December 1, 2016).
                                                                                                                                                                     2 See Letter to the Secretary from Sunbeauty re:
                                                    regulations and the terms of an APO is                   [A–570–863]                                           Request for Administrative Review; 2015–2016,
                                                    a sanctionable violation.                                                                                      dated December 28, 2016.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       We are issuing and publishing this                    Honey From the People’s Republic of                     3 See Letter to the Secretary from Petitioners re:

                                                    notice in accordance with sections                       China: Preliminary Rescission of the                  Request for Administrative Review; 2015–2016,
                                                    751(a)(1) and 777(i)(1) of the Act and 19                New Shipper Review and Preliminary                    dated January 3, 2017.
                                                                                                                                                                     4 See Initiation of Antidumping and
                                                                                                             Results of the Administrative Review;
                                                    CFR 351.213(h).                                                                                                Countervailing Duty Administrative Reviews, 82 FR
                                                                                                             2015–2016                                             10457, 10460 (February 13, 2017) (AR Initiation
                                                                                                                                                                   Notice); see also Letter to the Secretary from
                                                      14 See Certain Crystalline Silicon Photovoltaic        AGENCY:  Enforcement and Compliance,                  Petitioners re: Petitioners’ Withdrawal of Request
                                                    Products: Final Determination of Sales at Less Than      International Trade Administration,                   for Administrative Review of Jiangsu Runchen
                                                    Fair Value, 79 FR 76966 (December 23, 2014).             Department of Commerce.                                                                          Continued




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Document Created: 2017-07-07 02:20:16
Document Modified: 2017-07-07 02:20:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective July 7, 2017.
ContactMagd Zalok or Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-3936, respectively.
FR Citation82 FR 31555 

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